SAMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition u/S. 482, Cr. P.C. has been filed against the order of the learned Additional Sessions Judge (Fast Track), Sirohi in Sessions Case No. 63/2001 dated 12/10/2001, whereby the application of the petitioner complainant u/S. 311, Cr. P.C. was rejected.

(2.) The facts of the case in brief are that a First Information Report No. 26 dated 13-3-98 was lodged at P. S. Anadara, District Sirohit alleging that the accused-non petitioner No. 2 Chhaganlal inflicted injury by Spade on the head of the petitioner. Thereafter, the case was registered, investigated and committed to the Court of the learned Sessions Judge, Sirohi u/Ss. 307, 325.324 and 323, IPC. The case was then transferred to the learned Additional Sessions Judge and charge was framed against the accused u/S. 307, IPC. The accused pleaded not guilty to the charges and claimed trial. The evidence from the prosecution side was summoned and it was closed on 19th September, 2001 and the case was fixed on 29/09/2001. On that day, the statement of the accused was recorded and he expressed not to lead evidence in defence and therefore, the case was fixed for final arguments on 3/10/2001. On 3/10/2001, an application u/S. 311, Cr. P.C. was filed by the petitioner Sama Ram and a copy of the same was supplied both to the counsel for the defence and to the Additional Public Prosecutor. The case was then adjourned to 4-10-2001. On that day, "Vakalatnama" was filed on behalf of Sama Ram and the Additional Public Prosecutor recorded his no objection on it. Reply to the application was filed by the counsel for the defence. The learned counsel for the accused opposed the application filed by the petitioner Sama Ram and the learned Additional Public Prosecutor requested the Court to pass appropriate order according to law. On 12-10-2001 the arguments on the application were heard and it was rejected by the Court.

(3.) Aggrieved by the said order, this petition under S. 482, Cr. P.C. hasbeen filed by the complainant injured Sama Ram.